Nine proposals for the reform of the law on unfair dismissal

Nine Proposals for the Reform of the Law on Unfair Dismissal by Hugh Collins

The law of unfair dismissal is based on an internationally recognised social right not to be unfairly dismissed. But to what extent does the UK framework of law protect that social right? Have developments in common law introduced unjustifiable limits on the statutory protection against unfair dismissal? How can our laws be improved to ensure UK workers are treated with respect and not as a “commodity”?

This publication examines the strengths and weakness of the current law, including the proposals contained in the Employment Act 2002. It highlights nine areas where the legislation fails to adequately protect the social right and sets out a clear and realistic agenda for reform.

The author looks at extending protection to the wider category of “worker”; of eliminating the one-year qualifying period and extending protection to all, regardless of age. He argues for the elimination of the judge-made doctrine of “frustration” which can leave the most vulnerable workers without compensation for dismissal. He tackles the thorny issue of the statutory test of fairness and the narrow way in which it is interpreted by the courts. Levels of compensation and more effective punitive sanctions against employers are discussed as well as ways of improving the statutory disciplinary procedures introduced by the Employment Act 2002.

A5; 96pp; ISBN 1 9543781 8 0; Price for trade unions and subscribers £8; others £30; May 2004

Labour Law Review 2004

Labour Law Review 2004 by Jennifer Eady and Rebecca Tuck

As we head towards the possibility of an historic third term Labour Government, this year’s Labour Law Review provides a timely reminder of the strengths and weaknesses of the UK’s framework of employment law.

Written by two leading Barristers from Old Square Chambers, the authors remind us of the advances made in employment law (minimum wage, statutory recognition, improved maternity rights). They go on to urge readers to push for further improvements and welcome the prospect of a Labour manifesto that positively takes forward the labour agenda following the agreements apparently reached between the Government and trade unions over the summer period.

As usual the range of issues covered is broad – recognition and the CAC; industrial action; definition of an employee; working time regulations; unfair dismissal; TUPE and human rights. This year, a significant section of the Review is dedicated to issues of discrimination, including the new strands of discrimination introduced via the European Framework Directive. Also discussed are the new procedures for employment tribunals, due to come into force in October 2004.

A5; 44pp; ISBN 1 9543781 9 9; Price for trade unions and subscribers £5; others £10; September 2004

Federation News: The Warwick Agreement

What is the Warwick Agreement?

As we approach the next general election, the Institute of Employment Rights has what trade unions expect to see in a third term Labour Party manifesto. With no less than 6 trade union General Secretaries contributing to the report, it is perhaps the most up to date and informed document on what is commonly referred to as the Warwick Agreement – an accord reached between new Labour and the unions on a future policy programme.

The Future of Company Law: Fat Cats, corporate governance and workers

The Future of Company Law: fat cats, corporate governance and workers by Bill Wedderburn

All too often we hear news stories about “fat cat” employers paying themselves huge pay increases along with massive bonus packages. The CBI claim that the problem is “confined to a few instances”. The TUC on the other hand call this a “crisis in the legitimacy of capitalism”. However described, what is certain is the discrepancy in pay is fuelling the general inequality apparent in our society.

Nor is the problem restricted to the issue of boardroom pay. Corporate bodies accumulate, invest and manage massive capital resources both nationally and globally. The power invested in the Directors of these corporations is central to the present and future state of mankind. They determine our health, prosperity and the very survival of the planet. So what mechanisms of control are in place to prevent abuse of this power? Could and should anything be done to ensure corporations fulfil their social responsibility to society?

In this excellent and very timely publication by undoubtedly the UK’s leading expert on company law, Professor Lord Wedderburn first examines the extent of what he refers to as the “new development”. He then goes on to critically assess the government’s latest proposals for the reform of company law, concluding that the recent Company Law Review did not face up to, expose or propose remedies on how to control the new elite of corporate governors. He then considers some of the conventional answers said to be the way forward (greater disclosure of directors’ rewards, shareholder activism and independent non-executive directors) and explains why he believes they are inadequate. Finally, he concludes that if we want to modify management control of corporate assets we need to insert worker representatives through trade union machinery at appropriate points in corporate governance – starting with the remuneration committees.

A5; 76pp; ISBN 1 9547562 0 7; Price for trade unions and subscribers £6.50; others £20; October 2004

Decoding some new developments in international labour standards

Decoding Some New Developments in Labour Standards Enforcement by Steve Gibbons

This publication looks at the range of initiatives aimed at promoting global labour standards in the global marketplace. The author first outlines the regulatory controls developed by international organisations such as the OECD, the ILO and the United Nations. He goes on to examine the growth in “voluntary” initiatives such as company codes of conduct and a new concept known as “ratcheting labour standards”. In this context he critically analysises the idea that reputation-sensitive transnationals are willing to promote good labour standards in an effort to capture ethically sensitive customers. Rather the author looks to the development of global framework agreements as the best way of protecting and promoting workers’ rights. Such agreements are negotiated, monitored and enforced by collective agreement between international trade union organisations and transnational enterprises, offering as the author says, substantial advantages for workers.

A5; 44pp; ISBN 1 9547562 1 5; Price for trade unions and subscribers £6.50; others £20; November 2004

The Trade Disputes Act 1906

The Trade Disputes Act 1906 by Jim Mortimer

The 1906 Trade Disputes Act was a watershed in trade union history. It came at a time when trade unions were under attack from employers and the courts and when previously gained rights were being lost.

The Act provided a statutory right to peaceful picketing and repealed the precedent set by the Taff Vale railwaymen case, (1900) which made trade unions liable for damages caused during a strike. It also restored the principle of immunity against ‘civil conspiracy’ – a legal concept used to prevent workers taking collective action.
In short the 1906 Act put the sting back in the tail of the labour movement. As Jim Mortimer says the Act was both a landmark and an achievement in the history of British trade unionism and compares very favourably with what exists today.

So what can we learn from the Act? Though the backdrop may be different, there are marked comparisons between the situation in the early twentieth century and present day employment law, with its Conservative legacies.

Today the labour movement continues to fight against Conservative inspired anti-trade union legislation. Just like in the 1900s, workers in the UK are denied the fundamental right to picket and to support others in action – despite such rights being enshrined in international law since 1948.

So as we move towards the 100th anniversary of the Trade Disputes Act, the Institute of Employment Rights is raising the question – do we need a new Trade Disputes Act for 2006?

In an effort to answer that question, the Institute asked Jim Mortimer to remind us of the content and context of the 1906 Act. As John Hendy says in the Foreword, Jim’s contribution is a simply told analysis of events nearly one hundred years ago with a striking insight for today’s trade unionists.

This is an excellent publication which we hope will inspire others to join us in celebrating and learning from this landmark in trade union history.

A5; 20pp; ISBN 0 89547562 2 3; Price for trade unions and subscribers £5; others £10; April 2005

Federation News: Organising for the Future

Federation News: Organising for the future: UK unions in the 21st Century.

Is Britain’s trade union movement dying? That is the question raised in the first article of this edition of Federation News. In the final article the conclusion is no. Trade unions will survive as long as workers’ are exploited.

That is not to deny that the world is changing. Capitalism is on the offensive. Neither domestic nor international labour law have kept pace with the growing economic power of transnationals. So how are unions responding?

In this collection of articles, a number of issues are considered. We look at the role of union mergers and the kind of mergers that are taking place. We look at the emphasis American unions are placing on the organising agenda and consider what lessons UK unions can learn. We look at the impact of labour law and the restraints it places on the ability of unions to respond to the needs of their members and resist the hostile actions of transnational corporations.

There are many questions raised and discussed in this collection of essays. A timely discussion about the role, structure and purpose of trade unions in the 21st century.